Prabhavati Shivaji Gayali v. The State Of Maharashtra Throu. Sec. Planning Dept And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10392 OF 2025 Prabhavati Shivaji Gayali.

...Petitioner.

Versus

The State of Maharashtra and Others.

...Respondents.

------ Mr. Dhananjay Chavan for the Petitioner.

Mr. V. M. Mali, AGP for the Respondent-State. ------ Coram : M. S. Karnik & Ajit B. Kadethankar, JJ.

Date : December 19, 2025.

P. C. :

1.

Heard learned Counsel for the Petitioner.

2.

Learned Counsel for the Petitioner has placed on record a chart giving details of service of husband of the Petitioner and as also the details regarding the proceedings before Industrial Court. The relevant portion of the said chart reads thus : Date Particulars / events / reference.

Petitioner is wife of deceased Shivaji Maruti Gayali who has worked as a Muster Assistant & thereafter he retired & died. Therefore petitioner is seeking service beneits which includes pensionary beneits etc through her husband.

8-7-21986 to 31-1-1989 Petitioner's deceased husband was working as Muster Assistant in the oice of Respondent No.7 & 8. 31-1-1989 Petitioner's husband was orally terminated.

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1-6-1993 Since the petitioner's husband was orally terminated, therefore he approached Labour Court/Industrial Court through Ref. IDA No. 103/1993.

16-12-1998 The Labour Court by his award dated 16.12.1998 allowed the Ref. & the Hon'ble Court directed to Respondent to continue the service of petitioner's husband with backwages from 31.01.1993 onwards till reinstatement.

8-4-1999 The Respondent No.7 reinstate to the petitioner's husband in service.

31-5-2012 Petitioner's husband i.e. Shivaji Maruti Gayali retired from service from the oice of Respondent No. 8.

30-4-2015 and 23-5-2018.

The petitioner's husband submitted application/ representation granting pensionary beneits to the Government authorities.

12-10-2018 The Hon'ble Bombay High Court by his order dated passed in Writ Petition No.8908 of 2015 & thereby the Hon'ble High Court directed to respondents to absorb them in Government Service from the date of illing of reference/complaint in Labour Court/Industrial Court. The Hon'ble Court also directed to grant pensionary beneits etc. The order passed by Hon'ble High Court is conirmed by the Hon'ble Supreme Court of India. 30-10-2019 Petitioner's husband Shivaji Maruti Gayali died. 3.

Learned AGP opposed the petition by submitting that Government Resolution based on which relief is sought by the Petitioner does not cover the case of Petitioner. 4.

We have carefully perused the order dated 30th March 2023 passed by this Court in Aba Shankar Jadhav v. The Secretary, Planning Department [Writ Petition No. 13819 of 2017]. We are more than satisied that the aforesaid decision squarely covers the Petitioner's case.

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5.

In this view of the matter, the husband of Petitioner shall be considered as permanent from 31st March 1997 and pensionary beneits shall be granted to him considering his service with efect from 31st March 1997, as expeditiously as possible. 6.

Writ petition stands disposed of with aforesaid directions. [Ajit B. Kadethankar, J.] [M. S. Karnik, J.] 3 of